Category Archives: Analysis

Image Copyright in the Age of Social Media

Social media phone

In an age where online image sharing is more prevalent than ever thanks to the abundance of different social media platforms, the question of who has a right to use what photographs or creative visuals may appear increasingly complicated, but the truth is that similar copyright principles that apply to a physical photograph or artistic image also apply to pictures shared over social media. Continue reading for a discussion of social media platforms’ rights to the images posted by their users and for an explanation of Canadian copyright in images.

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Bill C-218 receives royal assent: the legalization of single-event sports betting in Canada

chips dice and cards

Canadian provinces will soon be tasked with the regulation of single-event sports betting. On June 29, 2021, Bill C-218, entitled An Act to amend the Criminal Code (sports betting) (“Bill C-218”), received royal assent. Once the amendments come into force, provincial governments and licensed persons will have the option of lawfully offering bets on races, fights, single sport events, and athletic contests.[1] The amendments have the potential to generate additional revenue for provinces and increase protections for consumers.

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The Canadian Broadcasting Corporation v. Conservative Party of Canada Decision and Fair Dealing

TV camera

The Federal Court recently released its decision in Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425 [CBC] in which it found that the Conservative Party’s use of CBC’s copyrighted materials in their political campaign fell under the fair dealing exception in the Copyright Act. The court deemed the Conservative Party’s use of substantial sections of CBC’s original works to be fair because the usage fell under the category of criticism. In making this decision, the court left the door open for future users of copyrighted materials to argue that their use falls under the fair dealing exception for criticism even when the reproduced work itself is not the target for criticism.

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Important changes are proposed to Canadian patent prosecution

Parliament Ottawa

The Government of Canada is proposing regulatory amendments to the Canadian Patent Rules. The proposed amendments were published on July 3, 2021 and the public has 30 days to provide comments[1]. The final rules are expected to be published in fall 2021 and implemented in late 2021.

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New measures to accelerate examination of trademarks in Canada

office daytime

The Canadian Trademark landscape has changed significantly over the last few years with a modernized trademarks regime.  The challenges that have arisen since Canada’s 2019 accession to the Singapore Treaty, the Madrid Protocol, and the Nice Agreement, along with various input from stakeholders, have guided the Canadian Intellectual Property Office (CIPO) in adopting new measures to accelerate the prosecution of trademark applications. With the time to the issuance of a first examination report reaching recently 24-30 months in the case of some national applications, these measures need to be carefully considered. Two new practice notices are intended to address delays in examination, namely:

  1. CIPO – PN: Measures to improve timeliness in examination
  2. CIPO – PN: Requests for expedited examination
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